Tuesday, December 07, 2004

Lashing Leviathan- (study of the power of STATE in the light of Swami Jayendra Saraswathis arrest)(STATE AND POLITICS)

Lashing Leviathan
THE STATE CAN STILL DO

VINOD CV

THE ARREST OF KANCHI SANKARACHARYA, SRI JAYENDRA SARASWATHI, REVEALS THE POWER INGRAINED IN OUR NATION STATE. IT IS INTERESTING TO ANALYSE THE HANDLING OF SISTER ABHAYA MURDER CASE AND THE INCARCERATION OF ABDUL NAZER MAUDANI IN THE BACKDROP OF JAYALALITHAA’S BOLD BUT RISKY DECISION.

It was the awesome power of the State that was in display. The characteristically soft Indian State, for many years in the first time, showed the inner iron. It was a welcome relief from the inured scenes of leaders visiting and propitiating the God-men and mutt heads. Jayalalithaa’s action of arresting Kanchi Sankaracharya, Sri Jayendra Saraswathi, is one of the few moments in the recent history of the country when the might of the State decided to strike the so-called holy cows.

As the roulette of the Sankararaman murder case is yet to unwind, it is highly premature to jump into a conclusion with regard to the involvement of the Swami. A trial by media and politicians indicting the Swami is as uncalled for, as issuing a good certificate to Sankaracharya. Just like any accused in a murder case, Swami deserves all privileges the law presupposes, like being treated as an innocent till convicted. His standing and age are also factors to be considered while deciding facilities in the jail.

But the most important message of this whole episode is that State is capable of touching anybody with the wrong end of the pole, if it wills. When Jayalalithaa was confronted with sufficiently strong evidence against the Swami, her souring of personal relationships with him also might have prompted her to the political decision of arresting the revered mutt-head. Political observers lauded the authority and command she showed in the process.

Fact of the mater is that the strength and power she displayed is the reflection of the power of our glorious Nation State, executed through the authority of Tamilnadu State Govt and police. Though Jayalalithaa is a doughty lady with a great penchant for exercising power, the clout and confidence she exhibited while deciding to arrest Sankaracharya shall not be missed for her personal power. It was the limitless sovereign power of the all-powerful Indian State on act. It is true that the Tamilnadu Chief Minister is one of the few leaders in India who has the ability and willpower to use the inherent power of the State.

Jayalalithaa, unlike many other spineless political leaders, had enough resolve to use the inalienable and undivided power, the society has bestowed on the Nation State. She is not the one to blink an eye in the event of adversities. Jayalalithaa herself has tasted the power of the State, visiting her from the wrong side when she was arrested with charges of corruption.

It is educative in this connection to ponder over Abdul Nazer Maudani’s arrest and Sister Abhaya murder case as both cases highlights the implications of the working of the State and its Organs - muscles in Maudani’s case and muzzled thinking in Abhaya case.

Maudani’s arrest and subsequent incarceration is sequel to his alleged role in the Coimbatore case, but was preceded by a series of defiant speeches and daring violations of law, in which he took the State and its power as too silly. For a long time, the State and its various law enforcing arms looked other way and didn’t respond properly, which made a false impression that the Govt., and its law & order machinery is weak. But the State and its organs like intelligence agencies were gathering evidences against him and they used it very effectively once he was arrested in connection with a very serious case like the Coimbatore blast case. It was proof that the seemingly weak behaviour of the State shouldn’t be enough to conclude that it will act weak in future too. The change in style with which Maudani was treated before and after his arrest is a clear instance in this regard.

But in the Sr. Abhaya case the story runs in a different direction. It is a case of the State (in this case, Kerala Police) allegedly helping the accused by not recording the evidence in the true spirit of investigation. The systematic destroying of evidence with an eye to weaken the prosecution case, later led to the CBI hitting a roadblock while trying to get to the bottom of the mystery.

This is in sharp contrast to the readiness of Jayalalithaa and TN police going after the Swami. That earnestness was not visible in Kerala in Sr. Abhaya case as the case involved touching the religious sensitivities. No wonder, some people are saying that Swami Sri Jayendra Saraswathi would have been untouched if he were in Kerala. Though the cultural contour of the social setting is different in Kerala and TN, the power of our Nation State is equally available to Jayalalithaa and a Kerala Chief Minister. What makes the difference is the power to use the power. Jayalalithaa has the grit and determination to use that already bestowed power.

But in the confusion of the Swami’s arrest, what shall not be forgotten is that, in the Sankararaman murder case, the latest indication is that the prosecution case is not as strong as it was made out to be in the initial days. So in the event of Swami coming out unscathed in the case, Jayalalithaa would be paying a very high price. The possibility of such a situation must be deliberated before using the sacred and sovereign power of the State. Indiscriminate, whimsical and arbitrary use of it for personal gains will recoil and damage the credibility of institutions and individuals involved. So the rule is, Power of the State, since it has absolutist dimensions at times, ought to be used with great care and discretion.

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